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986 LAWS OF MISSOURI, 1978
the person shall be paid to the sheriff by the state regardless of the ultimate
disposition of the criminal proceedings, or if waiver of extradition is for the
return of the person on charges arising out of alleged violations of section 559.356,
RSMo., then payment, regardless of ultimate disposition, shall be made by the
county. Such costs after such payment shall be taxed against the person and
recovered by the entity paying the same, unless the person is acquitted of the
criminal offense charged.
Approved June 7, 1978.
SECTION
1. Enacting clause.
562.260. Drunkenness or drinking in certain
place prohibited—violation a misdemeanor.
67.305. Counties or cities not to arrest or
punish for public intoxication.
(Revision S. B. 749]
CRIMES AND PUNISHMENT: Drinking intoxicants in certain public places and
public drunkenness.
AN ACT to repeal section 562.260. RSMo 1969, relating to drinking intoxicants
in certain public places and to public drunkenness, and to enact in lieu
thereof four new sections relating to the same subject and abolishing the
crime of public drunkenness and providing procedures for the treatment of
intoxicated persons.
SECTION
67.310. Exceptions to freedom from arrest
or punishment involving drunkenness or being under influence of
alcohol.
67.315. Intoxicated persons, how handled—
officer granted immunity from
legal action, when.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section 1. Enacting clause.—Section 562560, RSMo 1969 is repealed and
four new sections enacted in lieu thereof, to be known as sections 562360, 67.305,
67.310 and 67.315, to read as follows:
562.260. Drunkenness or drinking in certain places prohibited—violation a
misdemeanor.—It shall be unlawful for any person in this state to enter any
schoolhouse or church house in which there is an assemblage of people, met
for a lawful purpose, or any courthouse, in a drunken or intoxicated and disorderly condition, or to drink or offer to drink any intoxicating liquors in the
presence of such assembly of people, or in any courthouse within this state and
any person or persons so doing shall be guilty of a misdemeanor.
67.305. Counties or cities not to arrest or punish for public intoxication.—
No county or municipality, except as provided in section 67.310, may adopt or
enforce a law, rule or ordinance which authorizes or requires arrest or punishment for public intoxication or being a common or habitual drunkard or alcoholic. No county or municipality may interpret or apply any law or ordinance to
circumvent the provisions of this section.
67.310. Exceptions to freedom from arrest or punishment involving drunkenness or being under influence of alcohol.—Nothing in section 67.305 shall be
construed to affect any law, rule or ordinance against drunken driving, driving
under the influence of alcohol or other similar offense involving the operation
of a vehicle, aircraft, boat, machinery, firearms or other equipment, or regarding the sale, purchase, dispensing, possessing or use of alcoholic beverages at
stated times and places or by a particular class of persons, nor shall section
67.305 prevent the apprehension, arrest, incarceration and prosecution of any

Due to electronic file size limitations, Laws of Missouri, 1977 has been electronically separated into five parts. Part IV contains the Second Regular Session, Part II. Blank pages have not been digitized.

986 LAWS OF MISSOURI, 1978
the person shall be paid to the sheriff by the state regardless of the ultimate
disposition of the criminal proceedings, or if waiver of extradition is for the
return of the person on charges arising out of alleged violations of section 559.356,
RSMo., then payment, regardless of ultimate disposition, shall be made by the
county. Such costs after such payment shall be taxed against the person and
recovered by the entity paying the same, unless the person is acquitted of the
criminal offense charged.
Approved June 7, 1978.
SECTION
1. Enacting clause.
562.260. Drunkenness or drinking in certain
place prohibited—violation a misdemeanor.
67.305. Counties or cities not to arrest or
punish for public intoxication.
(Revision S. B. 749]
CRIMES AND PUNISHMENT: Drinking intoxicants in certain public places and
public drunkenness.
AN ACT to repeal section 562.260. RSMo 1969, relating to drinking intoxicants
in certain public places and to public drunkenness, and to enact in lieu
thereof four new sections relating to the same subject and abolishing the
crime of public drunkenness and providing procedures for the treatment of
intoxicated persons.
SECTION
67.310. Exceptions to freedom from arrest
or punishment involving drunkenness or being under influence of
alcohol.
67.315. Intoxicated persons, how handled—
officer granted immunity from
legal action, when.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section 1. Enacting clause.—Section 562560, RSMo 1969 is repealed and
four new sections enacted in lieu thereof, to be known as sections 562360, 67.305,
67.310 and 67.315, to read as follows:
562.260. Drunkenness or drinking in certain places prohibited—violation a
misdemeanor.—It shall be unlawful for any person in this state to enter any
schoolhouse or church house in which there is an assemblage of people, met
for a lawful purpose, or any courthouse, in a drunken or intoxicated and disorderly condition, or to drink or offer to drink any intoxicating liquors in the
presence of such assembly of people, or in any courthouse within this state and
any person or persons so doing shall be guilty of a misdemeanor.
67.305. Counties or cities not to arrest or punish for public intoxication.—
No county or municipality, except as provided in section 67.310, may adopt or
enforce a law, rule or ordinance which authorizes or requires arrest or punishment for public intoxication or being a common or habitual drunkard or alcoholic. No county or municipality may interpret or apply any law or ordinance to
circumvent the provisions of this section.
67.310. Exceptions to freedom from arrest or punishment involving drunkenness or being under influence of alcohol.—Nothing in section 67.305 shall be
construed to affect any law, rule or ordinance against drunken driving, driving
under the influence of alcohol or other similar offense involving the operation
of a vehicle, aircraft, boat, machinery, firearms or other equipment, or regarding the sale, purchase, dispensing, possessing or use of alcoholic beverages at
stated times and places or by a particular class of persons, nor shall section
67.305 prevent the apprehension, arrest, incarceration and prosecution of any